The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Ms Y to appeal to the Traffic Enforcement Centre and then the London Tribunals.
The complaint
Ms Y complained the Authority has not properly considered their representations against a series of Penalty Charge Notices (PCNs) after their business entered the Ultra Low Emission Zone (ULEZ) without making payment after they mistakenly did not pick which vehicles they wished to pay for using auto-pay.
Ms Y says this has resulted in several penalties increasing and threats of bailiffs, despite the error being genuine which they feel is unfair.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information Ms Y provided and the Ombudsman’s Assessment Code.
My assessment
Ms Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs. If the TEC accepts Ms Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Ms Y’s right of appeal against it to the Authority initially if necessary and then the London Tribunals. It can also order the Authority to refund any bailiff costs Ms Y may have already paid under duress. Ms Y can then decide if they wish to appeal the PCNs or pay the penalties at a lower level.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, it is reasonable to expect Ms Y to use this right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Ms Y’s complaint because it is reasonable to expect Ms Y to appeal to the Traffic Enforcement Centre and then the London Tribunals.
Investigator's decision on behalf of the Ombudsman